What are the classifications of intellectual property rights and what are the classifications of int

Intellectual property rights mainly include the following contents: copyright, patent right, trademark right, prevention of unfair competition, ** mark, name of origin, trade secrets, trademark rights, trade names, other intellectual achievements, and new plant varieties. Intellectual property rights refer to the exclusive rights that people enjoy in accordance with the law through their intellectual labor.

Legal Analysis] Intellectual property is an intangible property right that encompasses multiple scopes. The so-called patent right is the right granted to the inventor or unit of the invention to monopolize, use and dispose of the invention. The subject of a patent right is a person who has the right to apply for a patent and a patent right and needs to bear the corresponding obligations, including natural and legal persons.

The subject matter of patent rights is inventions, utility models and designs. The patentee mainly enjoys the right of exploitation, exploitation license, assignment, waiver and marking. The obligations of the patentee mainly include the obligation to exploit the patent and the obligation to pay the annual fee.

A trademark is a mark that is consciously placed on the surface of a product or its packaging that is specifically designed to help people distinguish between different goods. Trademark right refers to the exclusive right of the trademark user to use the trademark in accordance with the law. The subject of a trademark right is a legal person or natural person who applies for and obtains a trademark right.

The subject matter of trademark rights is the trademarks protected by the Trademark Law approved by the State Trademark Office, that is, the so-called registered trademarks, including commodity trademarks and service marks. Copyright, also known as copyright, is the exclusive right enjoyed by citizens, legal persons or unincorporated units to their literary, artistic, natural, engineering and technological works in accordance with the law.

Intellectual property rights can be divided into two main categories: one is copyright, including neighboring rights; One is industrial property rights, which mainly include patent rights and trademark rights. The scope of industrial property is understood in the same way around the world, but according to the Paris Convention for the Protection of Industrial Property, "industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce per se, but also to agriculture and extractive industries and to all manufactured or natural products".

According to the provisions of the General Principles of the Civil Law, China's intellectual property rights include copyrights (copyrights), patent rights, exclusive rights to use trademarks, rights of discovery, rights of invention and other rights of scientific and technological achievements. Among them, the first three types of rights constitute the main body of China's intellectual property rights, and these three types of intellectual property rights are mainly used in construction projects.

Intellectual property rights mainly include patent rights, trademark rights, copyrights (copyrights), exclusive rights of integrated circuit layout designs, new plant varieties, suppression of unfair competition, trade names, appellations of origin, source marks, and commerce.

1. Meaning of Intellectual Property Rights:

Intellectual property rights, also known as intellectual property rights, refer to the property rights enjoyed by the right holder to the results of his intellectual labor, which are generally only valid for a limited period of time. Intellectual creations such as inventions, literary and artistic works, as well as signs, names, images and designs used in commerce, can be considered intellectual property owned by a person or organization.

II. Classification of Intellectual Property Rights:

According to international law, it is mainly based on the WIPO Convention Establishing the World Intellectual Property Organization and the Agreement on Intellectual Property Rights Related to **. Intellectual property can be divided into the following 8 categories:

1. Rights in literary, artistic and scientific works.

2. Rights relating to performances, recordings and broadcasts by performing artists.

3. On the right of people to invent in all fields.

4. The right to scientific discovery.

5. Rights in relation to industrial designs.

6. Rights to trademarks, service marks, trade names and marks.

7. The right to stop unfair competition.

8. All other intellectual rights in the industrial, scientific, literary and artistic spheres.

3. Methods of Safeguarding Intellectual Property Rights:

When intellectual property rights are infringed, we can defend them in the following ways.

1. Complain to the administrative department for industry and commerce and apply for administrative investigation and punishment of intellectual property infringement and demolition rights.

2. News to newspapers, networks, etc.

3. Collect and preserve evidence of the other party's infringement of your intellectual property rights, if necessary, you can consult a lawyer and ask a lawyer to investigate, collect evidence and entrust notarization of the infringement of intellectual property rights.

Common classification criteria for intellectual property are:

1. Trademark right: Trademark right refers to the exclusive right granted by the trademark authority to the trademark owner to protect its registered trademark under national law in accordance with the law.

2. Patent right and patent protectionPatent right and patent protection refer to the patent application for an invention and creation filed with the State Patent Office, and after passing the examination according to law, the patent applicant is granted the exclusive right to enjoy the invention within the specified time.

3. The right of trade name is the right of trade name, which is a right to use one's registered trade name (trade name, enterprise name) from being interfered with by others. A company's trademark right cannot be equated with an individual's right to a name (a type of personality right).

4. Copyright is a kind of civil right enjoyed by the original creator of literary, artistic, scientific and technological works in accordance with the law.

1. The importance of patent rights.

A patent is an invention-creation protected by legal norms, which refers to the exclusive right to enjoy within the time specified in the country when an invention-creation is applied for a patent application to the state examination and approval authority, and the patent applicant is granted the exclusive right to the invention-creation within the specified time after passing the examination according to law, and the annual fee needs to be paid regularly to maintain the protection status of such a state.

1. "Contact", that is, the opportunity to contact the previous work;

2. "Substantial similarity", that is, the parts that should be protected by copyright are substantially similar.

When determining whether the works of the plaintiff and the defendant are "substantially similar", the part of the plaintiff's work protected by copyright should be compared with the corresponding part of the defendant's work to determine whether the two are substantially similar.

Intellectual property rights include: patent rights, copyrights, prohibition of unfair competition, source marking, appellation of origin, trade secrets, trademark rights, trade names, other intellectual achievements, and new plant varieties. Intellectual property rights refer to the exclusive rights enjoyed in accordance with the law to achieve results through intellectual labor.

Civil Code of the People's Republic of China

Article 123:Civil entities enjoy intellectual property rights in accordance with law.

a) the work; 2) Inventions, utility models, and designs;

c) trademarks; 4) geographical indications;

5) Trade secrets;

6) Layout design of integrated circuits;

vii) new plant varieties;

8) Other subject matter provided for by law.